Fighting for your child’s custody can be a daunting experience. Not only is it challenging, but it can also be emotionally draining. While there are millions of parents going through similar situations, every case is unique. In this article, we provide 10 insider tips to help you win a child custody case.
1. Assess Your Situation
The first thing you need to do is to analyze where you are in your child custody battle. Consider whether you or the other parent has filed the custody petition. If either of you has not filed for custody already, then it means that you are not in a custody battle yet. It is crucial to assess your unique situation, especially if mediation is unsuccessful. Make sure that you have tried your best at mediation before involving a court hearing in a custody battle.
2. Establish Areas of Disagreement
The success of your court battle will depend on how well you are prepared. Before the court hearing, pinpoint and understand where the custody disagreement is coming from. This will allow you and your lawyer to come up with the best game plan. It also means understanding why mediation was not successful, such as differences in visitation time amounts, physical location, or accusations such as drug abuse, neglect, or endangerment.
3. Think Like the Judge
You may need to figure out how and why a judge decides custody in a certain manner. Consider the factors that go into this decision, and which ones apply to your unique situation. Some of the factors that may influence the outcomes of the custody battle may include:
- Each parent’s ability to properly raise the child.
- The employment status of both parents.
- The closeness of the relationship of each parent with the child.
- Which parent does the child prefer to live with.
- If moving to another location would affect the child negatively.
- The physical and mental health of both parents.
- If a relationship with both parents is encouraged.
While not every factor will apply to your child custody battle, figuring out which ones apply to yours can help you get into your judge’s head and look at your case from their perspective.
4. Learn to Prove That You Should Have Custody
After gathering all the necessary information, consider how you can prove that you should have custody. As you think of how to win child custody start by proving you can provide wellness for the child. This means showing that the child will have good eating, sleeping, and exercise habits under your care. For instance, you may show that you encourage your child to be involved with activities like sports or music lessons. Similarly, judges tend to support parents who are open to their child having a relationship with the other parent.
5. Be the Primary Caretaker for the Children
The Court usually decides which parent is awarded custody based on multiple factors. However, the decision is made in the best interest of the child. The court may consider how much the parent asking custody is equipped to provide care for the child daily. While this does not mean that you do every single thing for your child alone, being more involved with the child can influence the court to rule in your favor.
6. Don’t Alienate the Other Parent
Parental alienation occurs when one parent isolates the other and turns a child from the other parent. For instance, some parents switch their child’s school to hide the child from the other parent. Alienating the other parent from your child only increases your chances of losing the custody battle in court.
7. Make Sure You Have a Lawyer for The Child Custody Battle
One of the most important custody battle tips is to make sure you have a lawyer. Hiring a family lawyer during your child custody battle helps you prepare for the case and prove that you should have the custody. Since you will be going through a stressful time in your life, you need a lawyer to help you with filling out paperwork and explaining the legalities involved.
8. Avoid Anger
Most parents undergo a lot of pressure and stress when they think of how to win a custody battle. The extreme stress involved with the case can cause anger. However, you should always stay calm and positive if at all you want to win the case. If you reveal your anger and frustration to the other parent during the case, the judge will hear about it in court and this may influence their decision.
9. Be Stable
Thinking about how to win child custody can tempt you to change certain aspects of your life. However, being stable can be helpful to your case. The courts will attempt to cause as little disruption to the children during litigation, ensuring they reach the best decision. However, a person who switches jobs often or moves homes frequently may be considered unstable and unfit for custody.
10. Act in the Best Interest of the Child
During a custody battle, your emotions will be high because the stakes are so high. Avoid acting in your own best interests, but rather in the best interests of the child. Before making any major decisions, consider what is best for the child and how will it impact your case or your children.
Hire a Family Lawyer for Your Child Custody Case
Fighting for your child’s custody can be a difficult time as the battle is both stressful and overwhelming. Although no one wants to go through this experience, coming out successful on the other side will make you much stronger. While the custody battle tips shared in this article give you a good start, you will need a lawyer by your side to be successful. Contact us today at Schill Law Group for a family lawyer that you can trust with your case.
